아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
All appeals by the defendant and the prosecutor are dismissed.
1. A person who filed an appeal against a defendant shall submit a written reason for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act and Article 361-4(1) of the same Act, if the written reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). According to the records of this case, even if the defendant received a notice of receipt of the records of trial from this court on September 27, 2016, he/she did not submit a written reason for appeal within the period for submitting the records of appeal, and the petition of appeal does not contain any indication of the reason for
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and forty hours of sexual assault treatment lectures) is too uneasy and unreasonable.
B. In light of the judgment, since the crime of this case was sexual harassment that causes sexual humiliation to the victim who is merely 11 years of age, which may seriously hamper the sound character development of the child, the nature of the crime may be poor. However, in full view of all of the circumstances of sentencing in the records and arguments of this case including the fact that the defendant was punished for the same crime, and that the defendant did not have any record of punishment for the same crime, the court below's punishment is too uneasible and unfair. Thus, the prosecutor's above assertion is without merit.
3. In conclusion, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is concurrently ruled, the defendant's appeal shall also be dismissed by judgment. Since the prosecutor's appeal is without merit, it shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.